By Selwyn A. Pieters B.A., LL.B., L.E.C.
Lawyer & Notary Public (Ontario, Canada)
Attorney-at-Law (Republic of Guyana, Island of Trinidad)
Pieters Law Office
Created August 08, 2026
R. v. Daniil Matin, 2026 ONSC 3232 https://canlii.ca/t/kld04 appealed to me in an important way: notetaking and record keeping. Like Police officers proper notes and records should be part of the everyday life of a lawyer. Those notes should be accurate, complete and contemporaneous. This becomes even more crucial when the client goes south and you have to defend against an ineffective assistance of counsel claim or a professional misconduct complaint or even a civil action.
The pertinent details are here:
[8] Mr. Melady, the duty counsel who spoke to Mr. Matin, does not remember his call with Mr. Matin. Relying on his notes, recorded on a duty counsel log form, he said that the police initially left a voicemail at 8:29 p.m. on August 25, 2023. He returned the call at 8:40 p.m., began speaking with Mr. Matin at 8:41 p.m., and the call ended at 8:45 p.m.
[95] Mr. Melady said he had no memory of the conversation he had with Mr. Matin. ..
...Mr. Melady made no note in the duty counsel log that Mr. Matin was in the hospital and injured.
[103] In the duty counsel log there is room to add comments regarding the “advice to client” beside each category and for general comments at the end of the form. Mr. Melady made no notes in any of the boxes.
[108] In terms of note taking the agreement with private counsel requires: that there be "complete, consistent, and professional note taking"
[229] Mr. Melady failed to properly document his contact with Mr. Matin. His notes are especially deficient given the gravity of the charge faced by Mr. Matin. The lack of notes suggests a failure by Mr. Melady to recognize the importance of his role in providing summary legal advice to Mr. Matin and his evidence suggests a lack of self-reflection regarding whether a more senior lawyer should have responded to the call. His record keeping was seriously deficient.
I agree with the Judge. Notekeeping is very important and is key irrespective of what position one holds in the justice system: even though judges have court reporters in their Court Room they are issued with bench books for good reason. To keep contemporaneous notes of their proceedigns.
I once wrote a memo to one of my articling student and part of it stated:
Notetaking is important when you attend Court with me as that is the most you are doing and getting paid for it. It is essential when I read your notes that they are accurate in terms of any orders, timelines or directions given by a jurist or undertakings made by Counsel.....
I spoke to both you and [] on the importance of proper notetaking. It matters not whether you are a student, lawyer or Judge, in this profession it is key.
The Honourable Marcella Henschel careful thoughts in Daniil Matin points to the importance of proper notetaking, when lawyers are acting as the lifeline for clients: R. v. Rover, 2018 ONCA 745, at para 45, https://canlii.ca/t/hv1v1#par45
Hopefully, the young lawyers will read the decision or this summary. It is unacceptable to not have adequate notes when performing interacting with potential clients or clients.
I had a case where I was able to have the plea that a lawyer had the client into struck as there was no written record to show the client understood and was entering into the plea voluntarily: R. v. Wright 2010 CarswellOnt 8108 (On. S.C.J). In that case Justice Mr. Justice Speyer wrote:
"13 But the real issue is this; was Mr. O.W. informed? Was his plea voluntary and was it unequivocal? And although this is a very tough call for me, I am going to strike the plea because I am not assured that in all of the circumstances, in particular; the lack of written in-structions, that the plea takes place at the last minute, and that what occurred in court in front of me, the hesitation, the reluctance, I am not satisfied about the unequivocal nature of the plea, whatever pressure he may have felt on him."
